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(영문) 부산고등법원 2016.11.10 2016노492
강간등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for three years.

80 hours per the defendant.

Reasons

In light of the fact that the defendant, who is the first offender, was divided into his mistake in the trial and agreed with the victim, the court below accepted the defendant's argument in the grounds for appeal that the punishment (not including imprisonment for a period of six years, 120 hours, order to complete a sexual assault treatment program, and confiscation) is too heavy (not accepting the prosecutor's argument in the grounds for appeal that punishment is too minor) and ruled the part of the judgment below and the following again through pleading (Article 364 (6) of the Criminal Procedure Act). The court below's decision dismissing the defendant's request for the attachment order of this case on the ground that the evidence submitted by the prosecutor alone cannot be readily concluded that the person subject to the request for the attachment order of this case has a risk of committing a sexual crime in the future is just in light of relevant evidence, pleading, legal principles, and there is no error such as misunderstanding of facts

(Article 364(4) of the Criminal Procedure Act and Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders). Pursuant to Article 369 of the Criminal Procedure Act, the relevant part of the judgment of the court below shall be cited.

Application of Statutes

1. Article 297 of the Criminal Act, Articles 299 and 297 of the Criminal Act, Articles 299 and 298 of the Criminal Act, Article 324 (1) of the Criminal Act, Article 276 (1) of the Criminal Act, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the Punishment, etc. of Criminal Crimes (the point of coercion), Article 297 of the Criminal Act, Articles 29 and 297 of the Criminal Act, Articles 299 and 298 of the Criminal Act, Article 324 (1) of the Criminal Act, Article 276 (1)

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (the severe penalty and imprisonment for a crime committed on March 19, 2016)

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. To confiscate personal information of Article 48(1)1 of the Criminal Act;

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